Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years of imprisonment and order to complete a program) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. However, the circumstances favorable to the defendant are that the defendant recognized the crime of this case, and the defendant was the first offender who had no previous criminal record prior to this case.
However, the crime of this case was committed by the defendant as a student of a private teaching institute operated by him/her, and the crime of this case was committed repeatedly eight times, and the crime is very bad.
The victim, who is a juvenile of the growth period, seems to have suffered a significant mental impulse and had a negative impact on sexual identity and self-determination.
Nevertheless, the defendant did not receive a written indictment from the victim until the trial of the party.
In full view of the above circumstances and the circumstances after the commission of the crime, and all other circumstances that form the conditions for the sentencing as shown in the records and arguments, the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion, and there is no special change in circumstances that may change the sentencing of the lower court.
Since the lower court’s punishment is too heavy or uneasible, and thus, it cannot be deemed unfair, the argument that the sentencing of the Defendant and the prosecutor is unfair is rejected in all.
3. The appeal filed by the Defendant and the prosecutor is without merit. Thus, the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.